The sued decision: the National Intellectual Property Administration of the People’s Republic of China (CNIPA) refused the registration of the mark”
” with No.31985048(the proposed mark) filed by Zhejiang Zongyi Electric co. LTD based on that the proposed mark constituted the situation referred to by Article 30 of Trademark Law.
The proposed mark:
The Court:Article 30 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or,after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
After checking, we found that the cited mark 1 has been canceled successfully on its all designated services for non-use for 3 consecutive years. And the cancellation decision has taken effect and has been published on the gazette 1674.
Our court thinks that because the cited mark 1 has been canceled on its all designated services, the obstacles for the registration of the proposed mark has changed and has affected the outcome of the case, our Court shall cancel the sued decision. And the defendant CNIPA should make a decision based on the new facts. But the fees for accepting the case shall still be borne by the plaintiff, Zhejiang Zongyi.
The sued decision: the National Intellectual Property Administration of the People’s Republic of China (CNIPA) refused the registration of the mark”
” with No.31985048(the proposed mark) filed by Zhejiang Zongyi Electric co. LTD based on that the proposed mark constituted the situation referred to by Article 30 of Trademark Law.
The proposed mark:
The Court:Article 30 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or,after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
After checking, we found that the cited mark 1 has been canceled successfully on its all designated services for non-use for 3 consecutive years. And the cancellation decision has taken effect and has been published on the gazette 1674.
Our court thinks that because the cited mark 1 has been canceled on its all designated services, the obstacles for the registration of the proposed mark has changed and has affected the outcome of the case, our Court shall cancel the sued decision. And the defendant CNIPA should make a decision based on the new facts. But the fees for accepting the case shall still be borne by the plaintiff, Zhejiang Zongyi.
